HomeMy WebLinkAbout92-216
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 92- 216
Being a By-Law to authorize a contract between
Dundas Power Line Ltd.
in respect to the Street Smart Lighting Program
for the Town of Newcastle
THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS:
1.
That, (subject to the approval of Ontario Hydro for an
interest free loan under the Street Smart Program), the
Mayor and Clerk are hereby authorized to execute, on behalf
of the Corporation of the Town of Newcastle, and seal with
the Corporation Seal, a contract between Dundas Power Line
Ltd. and said Corporation.
That this By-Law not take effect until approved by the
Ontario Municipal Board, pursuant to Section 64(1) of the
Ontario Municipal Board Act.
2.
By-Law read a first and second time this 9th day of November, 1992.
By-Law read a third time and finally passed this 9th day of November,
1992.
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This Agreement made in duplicate this 20th day of
January, 1993
BETWEEN:
corporation of the Town of Newcastle
(hereinafter called the "Applicant")
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ONTARIO HYDRO , a Corporation continued under
the Power corporation Act, R.S.O., 1990, c. P.18
(hereinafter called "ontario Hydro" or "Hydro")
WHEREAS the Applicant has agreed to participate
in the Street-Smart Lighting Program on the terms and
subject to the conditions set forth in this Agreement;
NOW THEREFORE and in consideration of the
premises and of the mutual covenants hereinafter set forth
and subject to the provisions of the Power Corporation
Act, R.S.O. 1990, c. P.18, and the Regulations
thereto, the parties mutually agree as follows:
Article 1 - ADDlicant's ResDonsibilities
1.1 The Applicant agrees to convert all of its
qualifying street lights by December 31, 1994 in
accordance with the plan of Work set out in Schedule "A"
attached hereto and forming part of this Agreement (the
"Work").
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1.2 The Applicant shall notify Ontario Hydro of any
significant changes in the Work and ontario Hydro may
concur with such changes or may elect to terminate this
Agreement in accordance with Article 12 herein.
1.3 The Applicant may sub-contract all or part of
the Work to a contractor approved by ontario Hydro.
1.4 The Applicant shall convert all of it's
qualifying street lights by December 31, 1994, in
accordance with the plan of Work contained in Schedule
"A" and time shall be of the essence.
Article 2 - ADDlicant's Warranties
2.1 (a)
(b)
For the purposes of this Agreement, the term
"municipality" means the corporation of a
county, city, town, village, township or
improvement district and includes a local board
thereof and a commission or other local
authority exercising any power with respect to
municipal affairs or purposes in an unorganized
township or unsurveyed territory;
The Applicant represents and warrants that it is
a municipality within the meaning of
"municipality" as defined herein and has the
corporate power and authority to enter into and
perform .its obligations under this Agreement;
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(c) The Applicant represents and warrants that it
has entered into a contract for the supply of
power with ontario Hydro or a municipal electric
utility having jurisdiction in the municipality.
(d) The Applicant represents and warrants that it is
the owner of the equipment and the lights which
are the subject matter of the Work.
2.2 (a) The Applicant agrees that all the Work to which
this Agreement applies shall be performed in a
good and workmanlike manner and shall be carried
out in accordance with all the applicable laws
and regulations of Canada and the Province of
ontario and by-laws of the municipality within
which the Work is to be performed, including
carrying out the Work in a manner and to a
standard which gives due regard to the
environment, storage and transportation of
dangerous goods, employee and public safety.
(b) The Applicant has obtained all licences, permits
and approvals from any and all governments,
governmental commissions, boards or other
agencies required in respect of its operations.
2.3 The Applicant agrees that it will remove and
destroy all existing lights and fixtures or parts thereof
which are removed as a result of performing the Work. The
Applicant further agrees to provide evidence satisfactory
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to ontario Hydro, that all such lights and fixtures have
been removed, disposed of or destroyed in accordance with
all applicable regulations including Director's
instructions received from the Ministry of Environment
from time to time.
2.4 without limiting the generality of the
foregoing, the Applicant agrees that it will handle all
ballasts, containers and other receptacles containing PCBs
according to the Ministry of Environment's standards,
regulations, guidelines and procedures, as amended from
time to time, and in particular Regulation 309 of the
Environmental Protection Act, R.S.O., 1990, c. E.19.
The Applicant further represents and warrants that it is
in compliance with section 6 of o. Reg. 11/82, and in
accordance with written Director's instructions received
from the Ministry of Environment from time to time.
2.5 The Applicant represents and warrants that it
possesses all environmental licences, permits and other
documents necessary to perform the Work, including,
without limitation, operations at its disposal site. The
Applicant is not aware of any release of any hazardous
substance or contaminant into the environment from or the
deposit or disposal of any hazardous substance or
contaminant on the property owned or leased by the
Applicant and used as a disposal site.
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2.6 The Applicant acknowledges that those of its
employees having responsibility for management of waste
and the employees of its contractors carrying out the Work
have read the Guidelines for the management of wastes
containing Polychlorinated Biphenyls (PCB's) published by
Environment Canada dated September 1989 and revised from
time to time.
2.7 In the event that ontario Hydro agrees to store
PCB's for the Applicant, the Applicant shall enter into a
separate agreement with ontario Hydro.
Article 3 - ontario Hvdro Res~onsibi1ity
3.1 Subject to Article 12, ontario Hydro shall pay
the Applicant in accordance with Article 4 hereof.
3.2 ontario Hydro may in its sole discretion supply
the Applicant with general guidance and advisory services
related to the performance of the Work under this
Agreement provided, however, ontario Hydro shall have no
responsibility or liability for such advice and
assistance.
3.3 ontario Hydro will undertake to promote the
improvements resulting from the Work to other
municipalities and townships in Ontario.
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Article 4 - Costs and Payments
4.1 Prior to the performance of the Work or if the
Work is to be carried out in phases, the performance of
each phase, the parties shall agree on the total cost to
carry out the Work or such phase. ontario Hydro shall
reimburse the Applicant for 25% of the total cost to carry
out the Work or if the Work is being carried out in phases
25 percent of the total cost of each phase (the
"Incentive"). The cost of the Work or any phase thereof
includes the Capital Cost, both direct and indirect, of
installing qualifying fixtures, lamps, wiring, fuses,
cross arms and brackets, and including labour with
associated overheads, PCB storage, and related equipment
costs but not including the cost of any poles. provincial
Sales Tax and that portion of the Goods and Services Tax
(GST) not reimbursed to the Applicant from Revenue Canada
is also included. Subject to Articles 1, 4.2 and 12,
ontario Hydro shall pay the Applicant the amount described
herein in a series of progress payments as follows:
(i) twenty-five percent (25%) of the applicable
Incentive on execution of this Agreement by
the parties hereto, and
(ii) seventy-five percent (75%) of the Incentive
upon completion of the Work or of the work
associated with each phase and a proof of
expenditures certified by the Applicant
with all invoices attached acceptable to
ontario Hydro.
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Upon the expiry or termination of this Agreement, ontario
Hydro shall do a reconciliation to ensure that the sum of
the Incentives paid for individual phases does not exceed
25 percent of the total cost to carry out the Plan of
Work. Accordingly, the Applicant shall forthwith
reimburse Ontario Hydro for any overpayment.
4.2 If the Applicant prefers to receive the
Incentive by way of a loan in accordance with ontario
Hydro's Business Finance Plan, subject to Articles 1, 4.1
and 12, ontario Hydro shall pay the bank, on behalf of the
Applicant, the interest portion of the monthly loan
payments associated with the loan made between the
Applicant and a duly qualified chartered Bank in Canada
such that the aggregate present value of the interest
portion paid by Ontario Hydro over the term of the loan
shall equal the approved amount of the Incentive.
4.3 Upon non-completion of the Work or in the event
that the Work is abandoned for any reason prior to
completion, any payment made by ontario Hydro in excess of
the proportion of Work completed shall be reimbursed
immediately to ontario Hydro by the Applicant together
with interest in accordance with section 9.
Article 5 - Publicity
5.1 Any report, announcement, brochure, audio visual
material or other public communication or publication
relating to this Agreement or the Work shall be first
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approved by ontario Hydro and shall reflect the
participation of ontario Hydro in the Work.
5.2 Any report, announcement, brochure, or other
public announcement of the Work by the Applicant within
five (5) years of the expiry or termination of this
Agreement shall acknowledge the contribution of ontario
Hydro. This provision shall survive any such expiry or
termination.
5.3 ontario Hydro reserves the right to publish
brochures and other material related to the Work and
results achieved upon notice to the Applicant.
5.4 In the event of any sign erected at or near the
location of the Work, the Applicant shall acknowledge the
contribution of ontario Hydro.
Article 6 - Indeoendent Aoolicant
6.1 The Applicant shall conduct its own business and
maintain its status as an independent contractor. This
Agreement does not create an employer-employee
relationship, nor any agency, joint venture or partnership
relationship between ontario Hydro and the Applicant.
Article 7 - Qualified contractors
7.1 The Applicant shall engage only qualified
contractors to perform the Work. The Applicant shall
ensure that the contractor is responsible, in addition to
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any other terms in any agreement with the contractor for
the safety of its employees in accordance with the
Occupational Health and Safety Act, R.S.O., 1990, c. 0.1.
7.2 Any contractor engaged by the Applicant shall
ensure that for that portion of the Work which is
performed within ten feet or three metres of a live
electrical distribution or transmission line or associated
apparatus that:
(a) each work crew shall have at least two persons;
(b) one person in the crew shall have valid
"power line maintainer certificate
qualifications" issued by the Ministry of
Colleges and universities;
(c) at a minimum, the second person shall have
completed the power line maintainer
indoctrination course.
7.3 Employees of the contractor shall be
trained on traffic control as outlined in the Traffic
Control Manual from Roadway Work Operations published by
the Ontario Ministry of Transportation and Communications
as revised from time to time but all in accordance with
any amendments with Provincial or Federal laws, rules,
regulations or specifications.
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7.4 Employees of the contractor shall be
knowledgeable in the handling of PCB ballasts and other
hazardous materials necessary to perform the Work, all in
accordance with applicable legislation, and in particular
the Environmental Protection Act, R.S.O., 1990, c. E.19,
including any Director's written instructions issued from
time to time pursuant to section 6 of Ontario Regulation
11/82.
Article 8 - security
8.1 Ontario Hydro shall be entitled to request
security for repayment of any portion of the incentive or
the total amount thereof, which security may take the form
of a letter of credit acceptable to Counsel for Ontario
Hydro.
Article 9 - Default
9.1 For the purposes of this Agreement, it is
understood and agreed that Ontario Hydro is contributing
to the Work on the understanding that the Applicant will
convert all of its street lights by December 31, 1994.
Accordingly, the Applicant shall be in default of this
Agreement if it ceases or threatens to cease converting,
operating and maintaining its street lights or to carry
on its business in the ordinary course or if it is
bankrupt or insolvent. In the event of a default under
this Agreement, Ontario Hydro shall be entitled to
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immediately terminate this Agreement and be reimbursed the
sums paid by ontario Hydro in accordance with Article 4
plus interest at the Bank of Montreal's prime rate of,
interest compounded semi-annually. The termination of
this Agreement will not relieve the Applicant from any
liability that it may have to ontario Hydro as a result of
any event or breach giving rise to termination.
Artiole 10 - Limitation of Liability, Indemnifioation and
Insuranoe
10.1
In no event shall ontario Hydro be liable for
any bodily injury, death or property damage to the
Applicant, its employees, agents or sub-contractors or for
any claim, demand or action by any third party against the
Applicant, its employees, agents or sub-contractors
arising out of or in any way related to this Agreement
or the Work, unless the same is caused by the negligence
of an employee or agent of ontario Hydro while acting
within the scope of his or her respective employment.
10.2 In no event shall ontario Hydro be liable for
any incidental, indirect, special or consequential damage
or any loss of use, revenue or profit of the Applicant,
its employees, agents or sub-contractors, arising out of
or in any way related to this Agreement or the Work.
10.3 The Applicant shall indemnify and save harmless
ontario Hydro and its representatives against any and all
liability for death of or injury to persons and/or damage
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to or destruction of property occasioned wholly or in part
by any act or omission of the Applicant, its contractors,
agents or employees, including any and all expenses, legal
or otherwise (including court costs and reasonable
lawyers' fees), incurred in the defence of any such claim
or suit insofar as it may arise from carrying out of the
Work contemplated by this Agreement and in particular the
Applicant shall indemnify and save harmless ontario Hydro
and its representatives from any and all liability
referred to above in respect of ontario Hydro-owned poles
and other equipment.
10.4 The Applicant warrants that the Work will not
infringe upon or violate any patent, copyright, trade
secret or any other proprietary right of any third party
and indemnifies ontario Hydro in the event of any such
infringement or violation.
10.5 The Applicant shall maintain and shall cause any
contractors to maintain comprehensive general liability
and automobile liability insurance (owned and non-owned or
hired units) each subject to limits of not less than $1
million inclusive per occurrence and shall, upon the
request of Ontario Hydro, forthwith deliver a certified
copy of said insurance coverage to Ontario Hydro.
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Article 11 - Term
11.1 This Agreement shall extend from the date above
first written until December 31, 1994 or the date of
completion of the Plan of Work, whichever is earlier.
11.2 If there is a delay which threatens the
completion of the Work as set out in Schedule "A", the
Applicant shall provide prompt written notice to ontario
Hydro. On receiving notice of such a delay, ontario Hydro
shall provide written approval of a reasonable extension
of the completion dates.
Article 12 - Termination
12.1 Subject to Article 9, ontario Hydro may
terminate this Agreement upon thirty days' written notice
to the Applicant if the Applicant is in default of or in
breach of this Agreement.
12.2 In the event of bankruptcy or insolvency of the
Applicant during the term of this Agreement, ontario Hydro
is under no further obligation to provide financial
assistance under the terms of this Agreement and may,
without notice to the Applicant, terminate this Agreement.
12.3 Upon early termination of this Agreement, any
and all financial assistance proportionate to the
non-completed Work provided by ontario Hydro becomes
forthwith due and repayable by the Applicant.
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Article 13 - Personnel
13.1
The Applicant shall not assign this Agreement or
engage contractors or sub-contractors other than those
which can satisfy the requirements of Article 7 without
the prior written consent of ontario Hydro. No assignment
or sub-contract shall relieve the Applicant from any
obligations under this Agreement or impose any liability
upon ontario Hydro to any assignee or other person.
Article 14 - Notices
14.1
Legal notices to ontario Hydro required under
this Agreement shall be in writing and forwarded to:
L.E. Leonoff
General Counsel and Secretary
ontario Hydro
700 University Avenue (H19-F27)
Toronto, ontario M5G 1X6
14.2 All other communications to ontario Hydro shall
be forwarded to:
. Manager, Business Markets Department
Streetlighting Conversion Program
c/o Energy Management and corporate Relations
Branch
Ontario Hydro
700 university Avenue (C26 A6)
Toronto, ontario M5G 1X6
14.3 Notices to the Applicant under this Agreement
shall be in writing and forwarded to:
Director of Public Works
Corporation of the Town of Newcastle
40 Temperance Street
Bowmanville, ontario L1C 3A6
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The designation of the person to be so notified or the
address of such person may be changed at any time by
either party by written notice.
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Article 15 - InSDection
15.1 ontario Hydro and its representatives shall be
entitled to review, during normal business hours, all
results of the Work and all records, documents, reports,
accounts or other materials of the Applicant relating to
the Work.
15.2 With the exception of inspections pursuant to
the Electrical Safety code, it is understood and agreed
that any inspections of the Work by ontario Hydro are
strictly limited to verifying that the Work qualifies for
an Incentive and does not in any way imply or warrant
performance which is a matter between the Applicant and
its contractors.
Article 16 - No Waiver
16.1 The'failure of any party to enforce the
provisions hereof shall not be construed to be a waiver of
such provisions or the right of such party thereafter to
enforce each and every such provision. Waiver of any
breach shall not be deemed a waiver of any other breach,
even if similar in nature.
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Article 17 - Tax Liabilitv
17.1 ontario Hydro shall not be responsible for any
tax liability imposed on the Applicant as a result of
receipt of the Incentive(s).
Article 18 - EauiDment
18.1 When purchasing equipment or services for the
purpose of this Agreement, the Applicant agrees to give
preference to Canadian companies where all other factors
are equal.
18.2 Any equipment or services supplied to the
Applicant for the purposes of this Agreement will be
supplied by a supplier at arm's length from ontario Hydro
and the Applicant.
Article 19 - Entiretv
19.1 This Agreement and the schedules hereto attached
constitute the entire agreement between the parties and
supersedes any previous agreements and understandings
related to the Work. This Agreement may not be altered,
amended or modified except by a written instrument signed
by the duly authorized representatives of the parties.
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IN WITNESS WHEREOF the parties hereto have
caused this Agreement to be executed by their duly
authorized representatives as of the day and year written
above.
and Corporate
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SCHEDULE A
STREET-SMART LIGHTING PROGRAM
Work Plan For The CorDoration of the Town of Newoastle
THE WORK SHALL BE PERFORMED BY THE DATES SPECIFIED IN
APPLICATION # C93322 AND IN ACCORDANCE WITH THE CONTRACT
BIDS ATTACHED TO AND FORMING PART OF THIS SCHEDULE A
Schedule 'A'
C 93322
REGION
AREA
STREETLlGHTING
DELEGATE
FIELD OFFICE
DATE RECEIVED
Street-Smart Lighting
A Provincial Incentive Program Offered By Ontario Hydro
1.0 Program Terms:
~ This program is open to all Ontario
municipalities and townships, including
unorganized townships or unsurveyed territory.
~ Under this program, Ontario Hydro provides
financial assistance for the conversion of 100%
of a municipality's streetlighting system to a
HIGH-EFFICIENCY SYSTEM.
~ The amount of assistance provided is equal to
25% of the Total Project Cost, as defined below.
It can be taken as either:
11 A CASH GRANT 1/4 paid upon approval of
the project by Ontario Hydro and the
remainder when the work is completed and
the contractor's invoice is submitted.
2/ AN INTERES"f-FREE LOAN under the
terms of Ontario Hydro's ENERMARK
BUSINESS FINANCE PLAN. To appl~
complete the attached Finance Plan
application form.
3/ A LOW-INTEREST LOAN under the terms
of Ontario Hydro's ENERMARK BUSINESS
FINANCE PLAN. To apply, complete the
attached Finance Plan application form.
~ A municipality has four years ending December,
1994 to apply and complete the streetlighting
conversion. The conversion can be staged over
this period into separate work segments. Each
work segment must be completed within
approximately eight months of its start date.
~ Total project cost includes the cost of lights,
fixtures, wiring, fuses, arms, brackets, labour,
PCB storage, and other ancillary costs. It does
not include the cost of poles and the Goods and
Services Tax.
~ A complete INVENTORY of the current
lighting system and a DETAILED WORK
PLAN must be attached to the application.
~ ALL CONVERSIONS SHOULD MEET MEN
IES RECOMMENDED LIGHTING LEVELS.
~ All ballasts containing PCB's must be handled
according to the requirements of the Ontario
Ministry of the Environment.
~ Ontario Hydro-owned lights are eligible for
conversion as part of this program. Apply
through your local Ontario Hydro Area Office.
~ All replaced streetlights must be dismantled and
destroyed.
~ Ontario Hydro reserves the right to publicize the
results of any conversion project that is assisted
under this program.
~ Ontario Hydro decisions relating to project,
product eligibility and amount of financial
assistance are finaL
~ Ontario Hydro does not endorse any particular
product, manufacturer, contractor, supplier or
installer of streetlighting products.
~ Ontario Hydro reserves the right to change or
terminate this program at any time, but will
process applications submitted prior to these
changes under the previous rules and procedures.
2.0 Applicant Information:
Municipalityrrownship Name:
TOUR af )leweastle
Address:
40 Temperance Street
Bowmanville, Onto
Postal Code:
Lie 3A6
1. Marie Marano, Treasurer
Project Contact Name:
2. Walter Rvan!':, nirel't'nr nf Pllhlil' Wnrk!':
Title:
lelephone Number:
416-623-3379
Fax Number:
416-623-4169
Financial Assistance Selected:
D
Grant
o
Interest-Free
Loan
D
Low-Interest
Loan
3.0 System Information:
Streetlights Owned By:
G Municipalityrrownship
D Local Utility
Name:
o Ontario Hydro
D Other
Name:
If (Ontario Hydro', please indicate the number of lights 94
Streetlight System Operating Costs: Provide costs for last two years.
19 ..2!L.
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Total Energy Cost: $ NOT
$ 166,032
Maintenance Costs: $ AVAILABLE
$ 109,000
4.0 DETAILED STREETLIGHT INFORMATION
TOWNrrOWNSHIPIMUNICIP ALITY=NEWCASTLE
21-0ct-92
l~rr~.".:i;;i"ltli
1riC:tri.d.~~~.: 100N/1@ :..:..:: :100 99 :::: 99 H 9900 ...::.......:.:. 100'::: 30 ::130 :870..:::(o2~7()
EEl\\){{.....: .:: ,150.': N/1@...:.': . '150 : :..100 30 130 .......:.... .:::::: .:;:.:.:... }//{
tMt...::::.:.:.::.....::.:.:..:. '200' N/A:....: : 200 . .:......:.:.::..:.::::
I). {/}.::: : 300: N/A : : 300 ?:.}: :..::':X.}}
:.::{(........\:}.......... ..:.}:, 500' ::::N/A '500 :::::......
Mercurv
Vanour
175 35 210 / 1
125 30 155 51
175 35 210 210
250 35 285 15
250 35 285 902
250 35 285 13
400 50 450 124
400 50 450 3
~=.::.~~: : ~..: : 1;~ E~~~:
SOdium\"':. '150/:40 190 OLES>>>
::: ::: : ::::200. :::::: 50 : 250
..... ...;.;.:.:... ... 250 55 305
:..:::.' "'::.=::;.;::::::::: :::::::;:::. '" ..:.
u '~::i::400.h5" 475:
.:...... :..:.:::. ....{\..../ ;.::::. : : '95: 095
Low Pressu 35 24 59
SOdium 55 24 79
90 35 125
135 40 175
180 40 220
FlUor~ji&nt .{{{(\:..:: .:)?:{}.....: ..:.:."........:.::.:
:2 ramr........: )(}}1l} ::)/):40.....110..
:2 ram 4~((: .:....:.i30:{()\40 ............170 : :
:2 ramti~...: .. 190': : .....40 : 230
4 ram 4~....)..: :: 26Q ..........::::...80 340
4 ram 6"......... ........:..380 :::: ::: SO. ::: : : 460
:2ram .4"....... (\....200::.:....{(tiQ.: : 260 :::
.21im ..::tif{:: //\..300: ..........}}80: : : ....380 .: :............ ....: .
'('ram .'i4n::: :.:::.:: ::::400. .....<....120: ..:<......................520
::::::2:1~~::1;:::';'~~1...'.. ;..~~~a:~;~=
. :.f:....,......
. "'.:.
,,:;i
Ht..::.:..
1
51
210
15
902
13
124
3
sa
17
1
210 150 40
7.905 100 30
44.100 100 30
4.275 100 30
257070 150 40
3 705 250 55
55.800 250 55
1.350 150 40
: ::: :::: 100.........:)30
150............:40
. :.:250 H:: 55
: ::: ::....:.:{{:::.
:.....:. :..:...:\}:.:..::.
: :: .:..:.:....}}::{
. :: \.........:.....:::.
.:.:.:..:..:::.:.:,....:.:...:::..:..:::.:.... 3I
.(1......:::....:...:...:::....{........... ::.:::.:.:.:...:.........:.:...:.......: 7#..
: ...:::.....::::.. /.........:..
:....:.:......:..... .....:\\\:::.:.:......:::.}::...........:\:...:.
)}.:J:::)\{............l:::: :
: : ,':.".:.:':.:.:.:.:.J.::::...::::.::}}...:.}:.:...:::
...
.::'.':' ...
. H. \\...}::::....<,::.:::::.:...
.' :.........:.:}:(::.:. .::::......1:}::.:.:.:.:.'.:.::.":':
H' H::: :..:.:.}:{:::....:\........:::..:
. H ::.:::::::::::.::::::::..:.1::::....::::......:.:..:.
:3841J15'
Simple Payback = Total Project Cost/(Annual S.L.Charge x KW Saved)
\::'80
190 190 20
130 6 630 1 275
130 27300 16800
130 1.950 2.325
190 171.380 8S 690
305 3 %5 (260
305 37820 17980
190 570 780
~ ::: :./1,540' :.::....).:.::....:]ni4o
: ~ . . .:.........3230 :::: (3~230
: : 30S . . .:...........305 .:..::............:....:..... ::.(305
... ...::....:/\.:. :: ::::. .....}}::....:.
:.. ...:::.}..}::::::.
. . :....:. .).::....:.::: .:..:.....:..}}:...,.:::...:..::....::...
.:..:.::...:..:.:.:.:........{{{::::.....
7'" 7 .:::{{..r....: }}...:/..():.....:
.1:0 ':.:i. .\::.:.{:{/..\.::::(.
.......::...::.:.:::.......::.:..:..::::.........\{<..
....fu...:...... .;:........:..............:.:.:..
. .... ::;::;:.... .. 'H::;' . ..::::..:.: :.{{.:.................:...}...........,
. ::: . . :.~.~.:.~?~;;\:. ::/r:~:;;'" :.:.:.... .. :'.': :~:~:::i:~:~~\~~f~ri::i~:\\~:
...... .,<> .}} .:::...::.::::::..:..:.}{
..,::::=. ...;::;:::::::::...
..... :. ..:.......:..:.:c .......: ......... .....
.. .... ./ ...:..::.......::::::..:...:::::
..... ..::..:: .. :...:.:::=........:..::.\/....
: :... : .:::r::::f::::::::;: :-:.:::.}=::;. {{~~(:~~:~t~t~::f:t:~::t~~:
455.1:273;)75O:::::1.1J,j565:
'5.0 Project Information:
Does the Conversion include Light Level Upgrade: 0 YES
[] NO
If {{YES'~ provide details: Infilling included ~ as per detailed in attached document.
If this project is going to be staged, please attach a sheet that breaks down the work segments (timing and
project cost estimates must be included for each stage).
Estimated Project Costs (For the Whole Project or the Initial Stage;whichever is appropriate).
Total Labour
Total Materials
Other Expenses
CST
Total Cost:
Total Cost less CST
$
$ See Attached
$ Summary Sheet
$ and Comments
$
$
Please specify in the ({comments})
space below.
. This is the value used to establish Ontario
Hydro contribution.
Attach Contractor's Bid
Comments, if any: Tender to be called - Fall 1992 (see copy of letter attached)
Planned Start of Project: T:ml1~ry' q3 Expected Completion Date: March' 93
(Project must be completed within approximately eight (8) months from the start date.)
Project to Be Completed By: D Municipal Utility ~ Contractor
If a contractor is selected, complete the following section:
Contractor's Name: Dundas Power Line Ltd. Contact Person: Frank Reerkens
Address: R.R. III Chesterville, ON
Postal Code: KOG 1RO
Phone No: 613-448-3400 (FAX 448-1400)
Please indicate contractors' qualifications: Completed 13 Similar Projects for Municipalities
L. h th h b.d h . Black and MacDonald, Ron Robinson (Oshawa)
1st t e 0 er contractors t at I on t e project:
Cliffside Utilities
Ensure that you contact your utility (supply authority) before application is
submitted to let them know what is being proposed.
. I certify that the ~thiS application is accurate in all respects.
slgnature&~ Date: November 9, 1992
Name:
M. M~r~no I w. F.vRnR
Title: Treasurer / Director of Public Works
5'.0 Project Information:
Does the Conversion include Light Level Upgrade: DYES
If {(YES'~ provide details:
DNa
If this project' is going to be staged, please attach a sheet that breaks down the work segments (timing and
project cost estimates must be included for each stage).
Estimated Project Costs (For the Whole Project or the Initial Stage, whichever is appropriate).
Total Labour
Total Materials
Other Expenses
CST
Total Cost:
Total Cost less CST
$
$
$
~
$
$
146,353.00
30,207.81
461,748.01
431,540.20
. This is the value used to establish Ontario
Hydro contribution.
285.187.20
See attached ~~der...
Please specify in the {~~ments"
space below.
Attach Contractor's Bid
Comments, if any: Other Costs reflect contingencies and overhead expenses,
Contract administration, inspection and Hydro connection charges.
Planned Start of Project: Expected Completion Date:
(Project must be completed within approximately eight (8) months from the start date.)
Project to Be Completed By: D Municipal Utility D Contractor
If a contractor i~ selected, complete the following section:
Contractor's Name: Contact Person:
Address:
Postal Code:
Phone No:
Please indicate contractors' qualifications:
List the other contractors that bid on the project:
Ensure that you contact your utility (supply authority) before application ~s
submitted,to let them know what is being proposed.
Signature:
I certify that tpe information given in this application is accurate in all respects.
Date:
Name:
Title:
, .'
Q EnerMarlc
. The Electricity People
Business Finance Plan
Application Form for loans over $100,000 *
. Loans under this amount may be negotiated with the Customer's
own bank. See your Advisor for details,
-~. ... n Financed by
: . Canadian Imperial
^ _ . _ _ _ _ Bank of Commerce
Form 03
REGION: Durham
DATE: ,9 12 10,8 I 016,
yy/mm/dd
N2
C 93322
STREETLlGHTING DELEGATE:
1.0 CUSTOMER INFORMATION (To be completed by the Customer)
Municipality/Township Name Town of Newcastle
City
Bowmanville
Mar~e Marano
Project Contact Name Walter Evans
Phone , 4 I 1 I 6 1_ I 6 12 I 3 I_I 3 ,3 I 7 ,9
Area Code
Provo ONT Postal Code 1 L ,1 1 C 13 f>. 1 6
Tr'easurer
Title Director of Public Works
Address 40 Temperance Street
PRINCIPAL BANKER
Bank of Nova Scotia
Name
Contact Person Yvonne Agueci (Manager)
City Bowmnville. Ontario
AUDITORI ACCOUNTANT
Phone I 4 I 1 I 6 1_ I 6 I 2 , 3 I-I 2 11 I 2 12
Area Code
Provo Out. Postal Code 11 11 I r. 11 1 1> 15
Address 200 King Street East
Deloitte & Touche
Contact Person Bernie Chandler
Name
Address 2 Simcoe St. South
Phone I 4 11 I (i I - I " I 7 I q I - 1 R I ? I 0 I? I
Area Code
SOLICITOR/LAWYER
Name Shibley Righton Contact Person Denni!':: Hpffprnn
Address Box 32. 501 Bay Street Phone I 4 11 '6 I-I 3 16 131-19 13 'Ii! 11 1
Area Code
City Toronto Provo ant. Postal Code 1M I 5 I H I 2 I Z I 11
INSURANCE AGENT
Name Frank Cowan Co. Contact Person David Reed
Address Princeton Phone 15 11 191-14 I') 181-1411111 1 I
Area Code
City Provo Onr Postal Code I NIO I 111 I "10 1
2.0 FINANCIAL INCENTIVES (To be completed by the Customer and Advisor)
Customer is applying for (check one of either):
ill V OPTION A: 0% Loan Note: Term and Interest Rate are fixed at date of dr_down.
Rate: % Amount: $431,540.20 Term: 60 Months
0 V OPTION B: Interest-Assisted Loan: Note: Term and Interest Rate are fixed at date of dr_dOWn.
Rate: % Amount: $ Term: Months
City
Oc;b~wa
Prov, 0 t
fi .
Postal Code II. , 11 H I 7' N I 11
3.0 APPLICATION FEE/LEGAL COSTS
An application for a loan must be accompanied by a $500 deposit, by way of bank draft or certified cheque payable
to Canadian Imperial Bank of Commerce. This deposit will be forfeited if the application is withdlcNVn; returned if the
application is rejected, or applied toward the first repayment amount if the application is accepted. Appf'Olal of this
application by Canadian Imperial Bank of Commerce may be subject to various terms and conditions. Any legal or
out-of-pocket expenses incurred by Canadian Imperial Bank of Commerce are for the account of the borrower.
4.0 DECLARATION
l/We hereby authorize Canadian Imperial Bank of Commerce or Ontario Hydro, as appropriate, to obtain or pf'Olide
credit information in connection with this application to/from any credit bureau or any financial institution or other
person with whom we have or propose to have financial dealings. The Bank may advise Ontario Hydro as to the
acceptance or rejection of the loan and on an ongoing basis, the status of the loan. l/We certify that, to the best of my
knowledge, the foregoing information is correct and complete.
DATE: J 9 I? I 0 I R I OJ h I
w/mm/dd
Borrower's Name:
M. Marano, Treasurer
Company Seal
Clerk
5.0 P APPLl N PROCESS
Upon receipt of this application, Canadian Imperial Bank of Commerce will contact the applicant to:
1. Acknowledge receipt of application;
2. Obtain additional information if it is deemed necessary;
3. Arrange to be provided with required signing authorities, borrowing resolutions, etc.; and
4. Establish methods of repayment, Le., post-dated cheques or pre-authorized debit to borrower's bank account.
6.0 INFORMATION - IMPORTANT - Please Read Carefully
~ The obligation of Ontario Hydro under the terms of the EnerMark Business Finance Plan is restricted to the
payment of some or all of the interest on a set term loan contracted with the CIBC by the municipality to finance a
project qualifying under the Street-Smart Lighting Program. Ontario Hydro pays the interest contribution directly to
the lender, on behalf of the borrower.
~ Ontario Hydro has neither control over nor input in the decision to grant a loan to a municipality. This decision is
taken by CIBC, according to its own decision criteria.
~ For project costs greater than $100,000, up to 50% of the loan may be drawn down when 50% of the work has
been completed.
~ Along with this application, please submit:
. FINANCIAL STATEMENTS OF LAST FISCAL YEAR; and
. DEPOSIT OF $500.00 (bank draft or certified cheque).
~ CIBC will request a copy of the Ontario Municipal Board approval for the project directly from the Customer.
7.0 RESERVED FOR HEAD OFFICE USE
1. Application checked for completeness:
Administrative Review Officer:
Date:
I I I
w/mm/dd
2. Credit review (if applicable):
Credit review:
Disposition of credit:
3. Disposition of application:
Required:
Rejected:
Rejected:
Date Completed:
Approved:
Approved:
I I I
w/mm/dd
Q EnerMarIc
The Electricity People
Business
Finance Plan
01/08/93
15:35
1i'416 686 9807
ONTARIO HYDRO
~004
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(0,., Schedule 'A'
(~
ICI
300 \If^TEA C"~"€'. WHITjh<; Oll/Y'\R'O
CANA.OA. LtN IJ.
tiltten sims hubickl' associat08
{aIO} U~9'36.l1
""X ('" f) Na~22'
Town of Newcastle
40 Temperance St.
13owmanYilIe, Onbrio
1.1 C 3'. __
AtteQtio~: Mrs. l.ouAnn Birkett, A.M.C.T.(A)
Purchasing and Supply Ager1t
OClober 30. 1992
. Re:
Tender NW9~30
S&ectSrnxlt lJghdng lnc:~nti"e Program
Deaf Mrt_ Birkott:
OD Tuc< lay Octohor 6th, 1992 lend'" fOr lb. .bove M.d coDlra,.' were "'cdvej .t the Town
Offices. ~ total of 4 bids Viere submitted. T~ble 1 summarise~ the bid details.
I .
Dundas Hower Line ltd. or Cheste.rville was the lowest bidder aT S 315,671.40 iI:H;hlSi,,<;; of Ct.~.T.
We have r~vkwed all tl-.nders. Ic:'.cr.'iv~rl Ancj fO\Jn<l' tht'.m to be. in order.
Thl:~'f:: J~'JTc::"rs (0 be no uabaTl:Incing of the. bids submitted.
We have bbtaincd trom Dundas Power Lmcthe attached re!c:t'ence list uf :;imilar project's they
hRve'. (:odpk,<:':d or ~u. in {be prcceu of completing. Base.d on 0\11' discu&sions with the TO\l.'ll
of :Kcmpkvillc aDd the Towuship of MOUDtain we have 110 reason (0 b~lieve the Town of
Ncwcastl6 will be. dissatisfied with tile performance of Dundas Powe.r Line Lcd.
We r<colrneOd rhat CaniT'" No. NW9:l..3O be awarded '0 the lowesr bidder, [lunda. Power
line Ltd.
EI\iGINEERS rCH~TfECTS AND PLANNERS
0}.~08/93 15:35
fi'416 686 9807
ONTARIO HYDRO
~005
... ~ '" "~.~
... "..., . .".., .....,...." I
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. a;1J1 ""'\JUVI\'-' '.t~.a 1\ oJ I"''' j. v...
J t.u .t1V.
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C.,
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Tha lotal e>>timated cost to the Town or Newcastle Ls as CollOWJ:
eo.tdel NWn.30 Total Co~t Grant ~jialble
1) 'f.;:;nr;kr (C".xe:lmiing O.S.T) 295,020.00 285.187.20
2) Con.tingeaeies 44,253.00 441253.00
3) DC$i2n and Tendedll~ Scf\'iccll H,600.00 14,600.00
4)- 'CoD.~t Administration, Site Supervisio%l &. 17,000.00 11,000.00
Inlpution
S) Hydto (".onne.ccion r.hargps 50,000.00 50,000.00
6) ~.C.ll...133tbst Storage. Cb3rgf'"s 20.$00.00 20,500.00
Sub Tot<L1 441~313.00 4311540.20
G.s:r. on Sub-i.'otat (~uding 21~7~40 (~ligible)
Contingencies)
TOTAL ..".11L40 "'1,$40.2.0
...--.:.
The "nd column deuUs the partien of the tetal C~li:t eligible (or grant assis.tance lloder the:
Ontario Hydro Street Smart Lighting Inc~nriye Program. Itcnls 2.6 inclusi~c are budg~t
~5timat.e& and '\1m be monitored as part of the Contract AdmiAistration during the: course of-tbe
project.
All deposit chcquG3 orner than the twO lowair bidders muy now be released.
Youa very truly,
~~.~
1. WOtdleyJ.EDR. . - - .
Senior Electrical Bngtne.or
IW/nk
End:
C.c. Mr. W.A.. EvanS, P.Eng_
Mr. D. Patterson
Mr. A S. Cannella
Mr. p, Doume
Mr. D. Akers, Ontario Hydro
IQtton :lImo ~ubicl<i e~lPoci~lo~
Schedule I A I
THE CORPORATION OF THE TOWN OF NEWCASTLE
SCHEDULE OF PRICES
FOR CONTRACT NO. NW92-30
This is the SCHEDULE OF PRICES forming Part of the Contract between
DUNDAS POWER LINE LTD.
and THE CORPORATION OF THE TOWN OF NEWCASTLE,
dated 6TH day of OCTOBER, 1992. (Amended)
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TOWN OF NEWCASTLE
SCHEDULE OF PRICES
FOR CONTRACT - NW92-30
LUMINAIRE INSTALLATION - V ARIOUS LOCATIONS
SCHEDULE 'A'
Item Description &t. Unit Total Cost
No. Qty. Price
1 Remove exiting cobrahead fixtures & bracket 101 $260.00 $ 26,260.00
arm, install 2.4 m bracket arm and HPS cobra
head
2 Remove existing Cobrahead fixture, install HPS 1015 $150.00 $152,250.00
cobrahead
3 Remove existing post-top fixture & install HPS 264 $285.00 $ 75,240.00
post -top fixture
4 Remove existing cobrahead/incandescent fixture 6 $50.00 $ 300.00
Schedule' A' Total Cost I $254,050.00
SCHEDULE 'B'
Item Description &t. Unit Price Total Cost
No. Qty.
1 Supply & install on existing wood pole
a) 100 W HPS Cobra 58 $260.00 $15,080.00
b) 150 W HPS Cobra 17 $270.00 $4,590.00
c) 250 W HPS Cobra 1 $300.00 $300.00
2 Supply & install post-top fixture & aluminum
pole
a) 100 W HPS 5 $1,400.00 $7,000.00
b) 150 W HPS 1 $1,400.00 $1,400.00
3 Supply & install 250 mm dia. wood pole
complete with Cobrahead luminaire
a) 100 W HPS 14 $700.00 $9,800.00
b) 150 W HPS 4 $700.00 $2,800.00
Schedule 'B' Total Cost $40,970.00
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SCHEDULE 'C'
The following unit prices will be used if additional work is deemed necessary by the Engineer
under paragraph 17 of the General Conditions and will not be included in the tender price.
Item Description Unit Unit Price
No.
1 Delete 2.4 m. bracket arm & install 1.8 m. arm each ($15.00)
2 Delete 2.4 m. bracket arm & install 3.0 m. arm each $30.00
( ) indicates a net saving.
.>.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
SUMMARY OF PRICES
FOR CONTRACT NO. NW92-30
HIGH PRESSURE SODIUM (HPS) STREET LIGHT CONVERSION PROJECT - PHASE I
SCHEDULE' A' PRE G.S.T. TOTAL $ 254,050.00
SCHEDULE 'B' PRE G.S.T. TOTAL $ 40,970.00
TENDER PRE G.S.T. TOTAL $ 295,020.00
G.S.T. (7%) $ 20,651.40
TOTAL TENDER PRICE $ 315,671.40
:
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Council Minutes
PRAYERS
ROLL CALL
Present Were:
Absent:
Also Present:
MINUTES
PRESENTATIONS
>
L
TOWN OF NEWCASTLE
November 23, 1992
Minutes of a regular meeting of Council
held on Monday, November 23, 1992, at
7:00 p.m., in the Council Chambers
Councillor Hannah led "the meeting in prayer.
Acting Mayor A Dreslinski
Councillor L. Hannah
Councillor K Hooper
Councillor M. Novak
Councillor J. O'Toole
Councillor D. Scott
Mayor D. Hamre (On Vacation)
Chief Administrative Officer, L. Kotseff
Director of Community Services, J. Caruana
Fire Chief, M. Creighton
Director of Public Works, W. Evans
Treasurer, M. Marano
Director of Planning and Development, F. Wu
Town Clerk, P. Barrie
Resolution #C-757-92
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the minutes of a regular meeting of Council held on
November 9, 1992, be approved.
"CARRIED"
Acting Mayor Dreslinski presented to Alfred Alldread, Deputy District Chief,
Newcastle Fire Department, Station #2, the Fire Marshal's Certificate, Medal
and Pin in recognition of 25 years of service to the residents of the Town of
Newcastle.
Personnel and Industrial Relations Certificates from Durham College were
presented to Maureen Reid, Executive Assistant to the Mayor by Acting
Mayor Dreslinski and to Jan O'Neill, Administrative Assistant to the
Director of Public Works by Councillor Hannah.
Council Minutes
OTHER BUSINESS
Fencing In
Downtown Area
BY-LAWS
- 14 -
November 9, 1992
Resolution #C-746-92
Moved by Councillor Hooper, seconded by Councillor Scott
THAT the Director of Public Works meet with representatives from the
RIA and advise them that we wish the fencing removed from the trees in
the downtown area as they are becoming a nuisance value and costly and we
feel they are no longer needed.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-747-92
Moved by Councillor O'Toole, seconded by Councillor Dreslinski
THAT the foregoing Resolution #C-746-92 be amended by adding the
following thereto:
"and that the Director of Public Works prepare a report to be submitted to
the General Purpose and Administration Committee on the results of this
meeting."
"CARRIED"
The foregoing Resolution #C-746-92 was then put to a vote and CARRIED
AS AMENDED.
Resolution #C-748-92
Moved by Councillor Hannah, seconded by Councillor Hooper
THAT leave be granted to introduce the following by-laws, and that the said
by-laws be now read a fIrst time:
92-216 being a by-law to authorize a contract between Dundas Power Line
Ltd., in respect to the Street Smart Lighting Program for the Town
of Newcastle; and
92-217 being a by-law to authorize the entering into an agreement with
Kiddicorp Investments Limited the owner of Plan of Subdivision
18T-90010 and the Corporation of the Town of Newcastle in respect
of Plan 18T-90010.
"CARRIED"
Council Minutes
- 15 -
November 9, 1992
BY-LAWS
Resolution #C-749-92
Moved by Councillor Hannah, seconded by Councillor Hooper
THAT the second reading of By-laws 92-216 and 92-217 be approved.
"CARRIED"
Resolution #C-750-92
Moved by Councillor Hannah, seconded by Councillor Hooper
THAT the third and final reading of By-laws 92-216 and 92-217 be approved.
"CARRIED"
Resolution #C-751-92
Moved by Councillor Hannah, seconded by Councillor Hooper
THAT the second reading of By-law 92-198 be approved.
"CARRIED"
Resolution #C-752-92
Moved by Councillor Hannah, seconded by Councillor Hooper
THAT the third and fmal reading of By-law 92-198 be approved.
"CARRIED"
Councillor Hannah made a declaration of interest earlier in the meeting and
refrained from discussion and voting on the confrrming by-law.
CONFIRMING BY-LAW
Resolution #C-753-92
Moved by Councillor Hooper, seconded by Councillor O'Toole
:i.
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THAT leave be granted to introduce By-law 92-218, being a by-law to
confirm the proceedings of the Council of the Town of Newcastle at this
meeting held on the 9th day of November 1992, and that the said by-law be
now read a frrst time.
"CARRIED"
-r. q z .~30
~lW(ttstre
_.~.. ,T-'~'----".---'-' .,-.-.-.....
~ ONTARIO
-....-
November 13, 1992
Ontario Munic' ~Board
180 Dundas s~:i West
Toron~~, ;9ntario
M5G lE~
/
Dear/Sir:
RE: TENDER NW92-30, STREET MART LIGHTING PROGRAM
BY-LAW 92-216 - OUR FILE: FI8.oU
This will advise that the following resolution was passed by
Council on November 9, 1992:
"THAT Report TR-93-92 be received;
THAT Dundas Power Line Ltd., Chesterville, Ontario with a
total bid amount of $135,671.40, being the lowest
responsible bidder meeting all terms, conditions and
specifications of Tender NW92-38, be awarded the contract
for the Street Smart Lighting Program, as required by the
Department of Public Works;
THAT the award be subject to Ontario Hydro's approval for an
interest free loan under the Street Smart Lighting Program;
THAT in accordance with Section 64 of Ontario Municipal
Board Act, authorization be obtained from the Ontario
Municipal Board prior to the execution of the contract; and
THAT the attached By-law authorizing the Mayor and Clerk to
execute the Agreement be approved."
By-law 92-216, being a by-law to authorize a contract between
Dundas Power Line Limited in respect to the Street Smart Lighting
Program for the Town of Newcastle, was passed by Council on
November 9, 1992.
-
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A TlTNTION
T8WN Or-
,~r.~ "! r
OPiES TO
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CORPORATION OF THE TOWN OF NEWCASTLE
40TEMPERANCESTREET' BOWMANVlllE' ONTARIO. llC3A6' (416)623-3379' FAX623-4169
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Ontario Municipal Board
Page 2
November 13, 1992
I enclose herewith, a copy of Report TR-93-92, for your
information. I also enclose 3 certified copies of By-law No.
92-216. By-law No. 92-216 is being forwarded to you for your
approval. Will you please return one copy of By-law No. 92-216
which bears your stamp of approval.
Yours truly,
Marie P. Knigh
Deputy Clerk
MPK/km
cc: M. Marano, Treasurer
L. Birkett, Purchasing Agent I
W. Evans, Director of Public Works.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 92-216
Being a By-Law to authorize a contract between
Dundas Power Line Ltd.
in respect to the Street Smart Lighting Program
for the Town of Newcastle
THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS:
1 .
That, (subject to the approva~ of Ontario Hydro for an
interest free loan under the Street Smart Program), the
Mayor and Clerk are hereby authorized to execute, on behalf
of the Corporation of the Town of Newcastle, and seal with
the Corporation Seal, a contract between Dundas Power Line
Ltd. and said Corporation.
2 .
That this By-Law not take effect until approved by the
Ontario Municipal Board, pursuant to Section 64(1) of the
Ontario Municipal Board Act.
By-Law read a first 'and second time this 9th day of November, 1992.
By-Law read a third time and finally passed this 9th
1992.
day of November,